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What are the specific obligations of a 360 Painting franchisee regarding site selection and acquisition/lease (Item 9), considering the territory restrictions outlined in Item 12?

360_Painting Franchise · 2025 FDD

Answer from 2025 FDD Document

outside of the Protected Territory, except in cooperation with other franchisees of Franchisor as specified in Section 11.4 herein, nor may Franchisee provide any 360 Painting services at any location outside the Protected Territory, except with the written permission of Franchisor (and if such permission is granted, such permission shall not be deemed to grant Franchisee general, ongoing, or permanent rights to service that customer or other customers outside of the Protected Territory). Franchisee agrees to open only one (1) Business within the Protected Territory, and further agrees not to relocate the Business within the Protected Territory without prior written consent from Franchisor. The location of the Business shall either be Franchisee's home office or an office location selected by Franchisee and approved by Franchisor. In all cases, Franchisee must operate the Business only in the Protected Territory and only from a home office (or other approved office space) and all Vehicles, and the home office (or other approved office space) and all Vehicles must be located in the Protected Territory at all times.

  • 2.2 Territorial Protection. Subject to Sections 2.3 and 2.4, during the term of this Agreement, Franchisor shall not, nor shall Franchisor license any person other than Franchisee to, establish and operate a Business providing System services to residential or "light commercial" customers within the Protected Territory using the Marks or the System. The term "light commercial" means buildings and facilities that are similar in size and scope to single family residences. As the 360 Painting system is focused on the provision of residential and light commercial painting services, there are no current restrictions on the provision of commercial painting services beyond light commercial. Moreover, Franchisor agrees that, except with regard to actual or prospective customers designated as National Accounts (as defined and governed by Section 2.4 herein), Franchisor will refer to Franchisee all requests for System services to be provided at physical locations within the Protected Territory. Except as provided herein, Franchisee has no exclusive territorial rights, protected territory or other right to exclude, control or impose conditions on Franchisor's activities or on the location, development or operation of other or future franchises under the Marks.

2.3 Reservation of Rights.Franchisor retains the right, in its sole discretion, to:

  • (i) own and operate, and license to others the right to own and operate 360 Painting Businesses outside of the Protected Territory using the Marks or any other marks Franchisor may designate;
  • (ii) own and operate and license to others the right to own and operate similar businesses inside or outside of the Protected Territory under different marks;
  • (iii) use the Marks and System in connection with conducting marketing and promotional activities within or outside of the Protected Territory, including marketing and promotional activities related to the solicitation of National Accounts (as defined in Section 2.4, below);

What This Means (2025 FDD)

According to the 2025 FDD, 360 Painting franchisees must operate their business from either a home office or another office location that they select, subject to 360 Painting's approval. The franchisee is restricted to opening only one business within their protected territory and cannot relocate without prior written consent from 360 Painting. The franchisee's home office (or other approved office space) and all vehicles must be located within the protected territory at all times.

While franchisees do receive a protected territory, it is not an exclusive territory. Franchisees may face competition from other franchisees, outlets owned by 360 Painting, or other channels of distribution or competitive brands that 360 Painting controls. However, if the franchisee is in compliance with the Franchise Agreement, 360 Painting will not establish or operate, or license others to establish or operate, 360 Painting businesses within the protected territory.

360 Painting retains several rights, including the right to operate and license others to operate 360 Painting businesses outside the franchisee's protected territory, operate similar businesses under different marks, use the marks and system for marketing activities outside the protected territory, offer services and products through alternative channels of distribution, develop other concepts, and engage in transactions with other businesses. 360 Painting is not required to compensate the franchisee for orders solicited or accepted from inside their protected territory. These stipulations highlight the importance of understanding the scope and limitations of the protected territory when considering a 360 Painting franchise.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.